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HomeMy WebLinkAbout2015-09-10-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 10, 2015 Board Members Present: Chairwoman Jeanne K. Krieger, David G. Williams and Associate Members Ralph D. Clifford, Laura Hussong and William Kennedy Also present was Alternate James A. Osten Administrative Staff present: David George, Zoning Administrator Address: 439 Waltham Street, Map 32, Lot 9 The petitioner submitted the following information with the applications: nature and justification of request; topographic plans; plot plans; elevations; floor plans; photographs; conditioned area information; findings of fact and building sketch. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, Conservation Administrator, Historical Commission and the Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.1, Table 2, Schedule Dimensional Controls to allow a 3-story structure instead of the maximum 2.5 story allowed. The Chairwoman opened the hearing by reading the legal notices and described information received from the petitioner. Architect Heather LeVine presented the petition with the owner of the property, Wesley Smith. The applicant seeks to demolish an existing deck located at the rear of the house and construct a 10.8 ft. to 26.0 by 10.5 ft. to 20.8 ft. 3-story addition onto the right side of the house. Ms. LeVine presented pictures to the Board explaining the dormers they would like to ad that makes this structure a 3-story. A Board member asked if it was only the dormers that made this addition non- conforming. (Yes.) A Board member commented that he is familiar with this house, his son was a previous owner, and he said the basement is nothing more than a crawl space and really shouldn’t be counted as a story. He is in support of what they are doing. There were no questions from the audience. BOA Meeting September 20, 2015 2 No one spoke in support or in opposition to the petition. The Chairwoman closed the hearing. On a motion by Laura Hussong and seconded by William Kennedy, the Board voted 5- 0 to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.1, Table 2, Schedule Dimensional Controls to allow a 3-story structure instead of the maximum 2.5 story allowed. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 20, 2015 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 10, 2015 Board Members Present: Chairwoman Jeanne K. Krieger, David G. Williams and Associate Members Ralph D. Clifford, Laura Hussong and William Kennedy Also present was Alternate James A. Osten Administrative Staff present: David George, Zoning Administrator Address: 1707 Massachusetts Avenue, Map 48, Lot 102 Petitioner submitted the following with the application for hearing: Nature and justification; plot plan; photographs; restaurant floor plans; letter from Attorney Albert J. Sretter in support dated August 12,2015; letters of support from Sam Ibrahim of Unit 3, 1707 Massachusetts Avenue and Dennis Syer of 1707 Massachusetts Avenue. Prior to the hearing, the petition and supporting data were reviewed by the Zoning Administrator, Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Planning Director Economic Development and Board of Selectmen. Comments were received from the Building Commissioner, the Selectmen’s office, Economic Development and the Zoning Administrator. The petitioner is requesting the following 3 special permits: 1) Table 1: Permitted Uses and Development Standards, J1.02 to allow fast food use with indoor and outdoor seating; 2) section 5.1.4 to allow 0 parking spaces instead of the additional 6 required spaces; and 3) section 5.1.5. to allow 0 loading bays instead of the 1 required. The Chairwoman opened the hearing by reading the legal notices and described information received from the petitioner. Attorney Albert Sretter presented the petition with the owner of the business, Aristca Soultopoulos. Ms. Soultopoulos seeks to open a takeout and fast food use business (Creperie Restaurant) in the space formally used as a hair salon. The hair salon was recently reduced in size. A Board member asked how many employees would be working. (Depending on the shift maybe 4 or 5.) There were no questions from the audience. The Chairwoman closed the hearing. BOA Meeting September 20, 2015 4 On a motion by Laura Hussong and seconded by Ralph Clifford the Board voted, 5-0 to waive the certified plot plan requirement. On a motion from Ralph Clifford and seconded by Laura Hussong, the Board voted 5-0 to grant the following 3 special permits: 1) Table 1: Permitted Uses and Development Standards, J1.02 to allow fast food use with indoor and outdoor seating; 2) section 5.1.4 to allow 0 parking spaces instead of the additional 6 required spaces; and 3) section 5.1.5. to allow 0 loading bays instead of the 1 required. These were granted with the following Condition: 1) The outside seating shall be allowed from Patriots Day through Columbus Day on the private property as shown on the plans submitted with a 3 ft. passage for the public passage on the sidewalk. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 20, 2015 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 10, 2015 Board Members Present: Chairwoman Jeanne K. Krieger, David G. Williams and Associate Members Ralph D. Clifford, Laura Hussong and William Kennedy Also present was Alternate James A. Osten Administrative Staff present: David George, Zoning Administrator Address: 30 Fuller Street, Map 71, Lot 173 Petitioner submitted the following with the application for hearing: Nature and justification, plot plan, elevations, floor plans, photographs and a response to Building Commissioners question on number of stories. Prior to the hearing, the petition and supporting data were reviewed by the Zoning Administrator, Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Planning Director, Board of Selectmen and the Lexington Design Advisory Committee. Comments were received from the Building Commissioner and the Zoning Administrator. The petitioner is requesting a special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and 135-9.4 to allow modification (reconstruction) of a nonconforming structure. The Chairwoman opened the hearing by reading the legal notices and described information received from the petitioner. Owner of the property, Lisa McIlrath, presented the petition. The applicant is seeking to remove a part of the nonconforming addition located on the left side of the house adjacent to Dexter Road and reconstruct the addition within the same footprint. The reconstruction element would be used as a two car garage with living space above. The structure would be 26 ft. tall and would be located 24 ft. to the front lot line and 15.3 ft. to the rear yard lot line. The Chairwoman asked for confirmation that the garage is technically a cellar. The Zoning Administrator explained the definition of a cellar and a basement. The lowest level of this home is considered a cellar because of the distance from the proposed garage floor to the average grade elevation. More than 50% of the structure is under grade level. There were no questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting September 20, 2015 6 The Chairwoman closed the hearing. On a motion by Ralph Clifford and seconded by Laura Hussong the Board voted 5-0 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and 135-9.4 to allow modification (reconstruction) of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 20, 2015 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 10, 2015 Board Members Present: Chairwoman Jeanne K. Krieger, David G. Williams and Associate Members Ralph D. Clifford, Laura Hussong and William Kennedy Also present was Alternate James A. Osten Administrative Staff present: David George, Zoning Administrator Address: 66 Munroe Road, Map 17, Lot 55 Petitioner submitted the following with the application for hearing: Nature and justification; plot plan; elevations; floor plans; a copy of a ZBA decision dated September 11, 2014 and grading and drainage plans. Prior to the hearing, the petition and supporting data were reviewed by the Zoning Administrator, Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Planning Director and Board of Selectmen. Comments were received from the Building Commissioner, Conservation Administrator and the Zoning Administrator. The Chairwoman opened the hearing by reading the legal notices and described information received from the petitioner. The petitioner is requesting a MODIFICATION OF A SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4.2 to allow modifications to a special permit issued August 1, 2014. Ying Chen, owner of the property, presented the petition. The applicant seeks to demolish the existing structure and replace it with a larger single family, 2,072 sq. ft., 2 ½-story structure. The proposed structure would be located 7.2 ft. from the front lot line and would comply with the side and rear yard setbacks. The Board granted the applicant a special permit on September 11, 2014 to allow reconstruction of the nonconforming structure. Because of substantial changes made to the plans the applicant is requesting a modification to the previously approved special permit. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting September 20, 2015 8 The Chairwoman closed the hearing. On a motion by William Kennedy and seconded by Ralph Clifford, the Board voted 5-0 to approve a MODIFICATION OF A SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4.2 to allow modifications to a special permit issued August 1, 2014. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 20, 2015 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 10, 2015 Board Members Present: Chairwoman Jeanne K. Krieger, David G. Williams and Associate Members Ralph D. Clifford, Laura Hussong and Williams Kennedy Also present was Alternate James A. Osten Administrative Staff present: David George, Zoning Administrator Other Business: 1) 16 Hayden Avenue – Alternate James Osten sat for Ralph Clifford for an informal request for a non-advertised determination request for a minor modification for a permit approved at a hearing on August 21, 1997. Attorney John M. Farrington representing the Hayden Medical Center, LLC presented the request for the determination that changes are minor in nature and that no new public hearing before the Board of Appeals is required. The applicant seeks to enclose the existing vestibule and is also asking for a waiver to the plot plan requirements. On a motion by Laura Hussong and seconded by William Kennedy, the Board voted 5-0 to waive the certified plot plan requirements. On a motion by William Kennedy and seconded by Laura Hussong, the Board voted 5-0 that the proposed changes are minor in nature and that no new public hearing before the Board of Appeals is required. Submitted by: Dianne Cornaro, Administrative Clerk